DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 6005-01
20 September 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
CORD O F
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Marine Corps Reserve
filed enclosure (1) with this Board requesting that his record be
corrected to show that he transferred to the Retired Reserve vice
being discharged on 23 October 1997.
The Board,
consisting of Mr. Pfeiffer, Mr. Morgan and Mr.
2.
reviewed Petitioner's allegations of error and injustice
Chapman,
on 18 September 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
Petitioner reenlisted in the Marine Corps Reserve on 24
Januazy 1991 for three years in the grade of MGYSGT (E-9).
Subsequently, he extended that enlistment for a period of 18
months.
on 23 July 1997 he had completed 25 years of qualifying service
for reserve retirement.
October 1997 at the expiration of his enlistment, as extended.
The record shows that at the end of his anniversary year
He was honorably discharged on 23
d,
Attached to enclosure (1) is a letter from Headquarters
\
Marine Corps which informed Petitioner that he must apply to the
The
Board for a correction of his record to show retirement.
Board is aware that Headquarters Marine Corps has routinely
recommended corrective action in similar cases when there is no
explanation in the record why an individual was discharged and
not retired.
The Board is aware that the Uniform Retirement Date Act,
8301 requires that the effective date of any retirement
US'C.
5
be the first day of the month.
CONCLUSION:
The Board notes that Petitioner was in good standing in
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
the Marine Corps Reserve and would have been retired if he had
requested it.
corrected to show that he transferred to the Retired Reserve in
the grade of MGYSGT.
Retirement Date Act,
October 1997.
Given the requirements of the Uniform
the retirement should be effective on 1
The Board concludes that the record should be
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand his status in the Retired Reserve.
RECOMMENDATION:
.
That Petitioner's naval record be corrected to show that
te transferred to the Retired Reserve on 1 October 1997 in the
grade of MGYSGT vice being discharged on 23 October 1997.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
It is certified that a quorum was present at the Board's
4.
review and deliberations,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
.
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
2
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Executive Director
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